Habitats Regulations Appraisal of the Proposed Highland wide Local Development Plan Finalised Record February 2012 Foreword This document has been prepared under the requirements of the EU Habitats Directive and has applied the requirements set out by Scottish Government Policy in the Conservation (Natural Habitats, &c.) Regulations 1994 as amended. It is the Highland Council’s responsibility to consider whether the policies and proposals within the Highland wide Local Development Plan are likely to have any significant effect on Special Protection Areas (including potential SPAs), Special Areas of Conservation (including possible and candidate SACs) and Ramsar sites, having regard to the qualifying interests and conservation objectives of those sites. Where a likely significant effect has been identified, either individually or in combination with other plans or projects, appropriate assessment has been undertaken and mitigation measures provided to reduce the likely significant effect and avoid adversely affecting the integrity of the site. This has involved making changes to the Highland wide Local Development Plan where necessary. During the preparation of this document and the consideration of relevant representations on the Highland wide Local Development Plan the Highland Council has had early engagement and discussions with and input from Scottish Natural Heritage (SNH) and the Scottish Environment Protection Agency (SEPA) in particular which have helped identify and address any potential effects. In addition, data provided by SNH has been referred to in order to identify the need for and inform the definition of mitigation measures. Mitigation measures and relevant changes have been developed in conjunction with SNH or SEPA where appropriate. At present the Highland wide Local Development Plan has been subject to examination by Scottish Ministers and the Report of Examination was received by The Highland Council on 20th December 2011. The Highland Council is moving towards adoption of the plan on the 5th April 2012. 1 CONTENTS 1. Introduction and Context ................................................................................. 3 2. Aims and Objectives of the Highland wide Local Development Plan .............. 5 3. Natura sites within/close to HwLDP Sites ....................................................... 6 4. Methodology for Assessment .......................................................................... 8 5. Screening Process .......................................................................................... 9 6. In-Combination Effects.................................................................................. 13 7. Elements of the Plan screened out through straightforward mitigation ......... 16 8. Appropriate Assessment of the HwLDP ........................................................ 20 9. Summary of the Appropriate Assessment of Green Networks Supplementary Guidance....................................................................................................... 52 10. Conclusion..................................................................................................... 58 Appendix 1 – Overview Maps of Natura Sites........................................................... 59 List of Tables Table 1: Natura sites considered as part of the Habitats Regulations Appraisal in 6 respect of development sites Table 2. Elements of the Highland wide Local Development Plan screened out 9 individually as having no, or minimal, effect on Natura sites Table 3. Screening of Natura Sites potentially affected by HwLDP policies and 11 proposals Table 4. In-combination assessment of HwLDP Site Development Policies screened- 14 out individually Table 5. In-combination assessment of HwLDP with other plans and projects 15 Table 6. Elements of the Vision to which straightforward mitigation measures were 17 applied and were then screened out Table 7. Policies to which straightforward mitigation measures were applied and were 19 then screened out Table 8. HwLDP Policies remaining ‘screened in’ for Likely Significant Effects 21 Table 9. Possible in-combination effects of elements of the Plan remaining screened 23 in 2 1. Introduction and Context In October 2005 the European Court of Justice1 ruled that all land use plans in the United Kingdom likely to have a significant effect on European sites (Natura sites), either Special Protection Areas (including proposed SPAs) or Special Areas of Conservation (including possible and candidate SACs), can only be approved after an appropriate assessment of the policies and proposals has been undertaken under the provision of Article 6(3) of the Habitats Directive 19922. The Directive states that ‘any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to an appropriate assessment of its implications for the site in view of the site’s conservation objectives’. The directive goes on to say that the plan shall only be agreed if there is no adverse effect on the integrity of any European site after mitigation is considered. Scottish Ministers have extended the requirement for appropriate assessment to Ramsar sites, listed under the International Convention on the Conservation of Wetlands of International Importance, and proposed SPAs and candidate SACs, before they are fully classified. Hereafter in this appraisal, the term ‘Natura site’ should be taken as not only referring to SPAs and SACs but also to proposed SPAs, candidate SACs and Ramsar sites. The purpose of this Habitats Regulations Appraisal (HRA) record is to consider whether the policies and proposals within the Highland wide Local Development Plan are likely to have a significant effect on any Natura site, either individually or in combination with other plans or projects. For those policies and proposals that would have a likely significant effect, an appropriate assessment has been carried out to ascertain whether the Plan would not adversely affect the integrity of these sites. Where it is not possible to ascertain that no adverse effects will occur, the plan cannot be adopted except in the most exceptional of circumstances. The HRA record includes mitigation identified as necessary to include in the plan. The assessment concludes that with appropriate safeguarding and mitigation added to the plan, the Highland wide Local Development Plan will not adversely affect the integrity of any Natura site. This finalised HRA Record will be placed on the Council’s website alongside the Adopted Highland wide Local Development Plan. The Action Programme for the plan’s policies and proposals as necessary will include cross-references to requirements in this HRA record. It must be advised that this HRA record including appropriate assessment has been compiled using the best available information, and any subsequent planning applications will require further assessment to ensure that the integrity of Natura sites will not be adversely affected. 1 Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland, Case C. 6/04 in the second chamber of the European Court of Justice, judgment 20th October 2005 2 Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora. 3 Update of HRA following receipt of Report of Examination from DPEA The Highland Council received the Report of Examination from the Directorate for Planning and Environmental Appeals on 20th December 2011. A number of modifications to the plan have been made by the Reporters, whose recommendations are binding except in the following circumstances: Would have the effect of making the LDP inconsistent with the National Planning Framework, or with any SDP or National Park Plan for the same area; Are incompatible with Part IVA of The Conservation (Natural Habitats, &c.) Regulations 1994 (As Amended) ; or Are based on conclusions that could not reasonably have been reached based on the evidence considered at the examination. Paragraph 13 of Planning Circular 1/2009: Development Planning: Appendix 1– The Habitats Regulations states: “Where, having considered the proposed recommendation, the authority considers it likely to have a significant effect on a European Site, that authority must undertake an appropriate assessment of the plan as if modified by the recommendation. Where that assessment cannot conclude that the plan, were it modified by the recommendation, would not adversely affect the integrity of the site, the recommendation should not usually be adopted.” The modifications made by the DPEA are mainly minor in nature and it is not expected that these will have a significant effect on Natura sites either alone or in combination. There are three more major modifications, these are: Map 6 – East Inverness – The allocation for bulky good to the south west of Inverness Retail and Business Park to be expanded to cover the whole of the retail park area except that covered by Tesco. Policy 21 (Culloden Moor) and Map 11 to be deleted. A further allocation to the east of Milton of Connage, Ardersier has been included. While these changes are considered to be more major it is not anticipated that these will lead to any additional effects on the Natura sites of the area above the already allocated sites in the plan, given the mitigation already included. Of a more minor nature given the above changes the policy/mapping